iprigHtsattraDesHows — parti : traDemarks
Intellectual Property law Section
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is positive . Witnessing your client ’ s branding success , a competitor may be tempted to free-ride on the goodwill your client has worked so hard to build . This free-riding may take various forms , including using your client ’ s trademark as a search-engine AdWord , naming competing products or services with confusingly similar names , registering a website domain that includes your client ’ s trademark , etc . If your client ’ s trademark , logo , and slogans are not federally registered , your client may have little recourse against such business-damaging actions . Worse yet , a competitor might actually file a trademark application for the same or confusingly similar trademarks , logos , or slogans , which could create to a whole host of legal problems for your client . How can your client protect itself and its brand ? An old adage rings true : an ounce of prevention is worth a pound of cure . An upcoming trade show should be an immediate trigger for a conversation with a trademark attorney . In most cases , filing trademark applications to register your client ’ s trademarks , logos , and slogans prior to the trade show is the best advice . Although the trademark examination process can take up to a year , your client will establish nationwide priority rights to its trademark assets on the day the trademark applications are filed . The benefits of having federally registered trademarks are too voluminous for this article , but suffice to say , a federal trademark registration is a cornerstone of any business that values its brand . Outside of filing a lawsuit , a federal trademark registration can be effectively used to quickly shut down infringing online advertisements , websites , Amazon listings , social media accounts , etc .
In addition , a federal trademark registration can serve as an insurance policy against accusations of trademark infringement . Often , representatives of IP-right holders scout trade shows to identify potential infringers . Prominently displaying a trademark that may be considered confusingly similar to a third-party registration can land your client on a trademark infringement hit list . Although the prospect of being served with a cease-and-desist letter or even a lawsuit can bring anxiety , a federal trademark registration can help ease such concerns . When a trademark owner applies for federal registration , the application undergoes rigorous examination , during which the United States Patent and Trademark Office ( USPTO ) searches the database of all preexisting trademark registrations to identify any likely conflicts . If there are none , the USPTO will allow the applied-for trademark to register . Accordingly , an issued trademark registration serves as evidence that the USPTO cleared the registered trademark against all third-party registrations . Although this is not an ironclad defense against trademark infringement , a federal trademark registration should bring peace of mind to its owner .
Takeaway : an upcoming trade show exhibition should be an immediate trigger to consult with a trademark attorney . n
Author : Andriy Lytvyn - Hill Ward Henderson
J a n - f e b 2 0 2 3 | H C b a L a W Y e R
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